Historical Note

Emergency rule adopted effective June 16, 1992, pursuant to A.R.S. § 41-1026, valid for only 90 days (Supp. 92-2). Emergency expired. Adopted effective October 22, 1992 (Supp. 92-4). Section expired on June 30, 1999 under A.R.S. § 41-1056(E) upon receipt of notice from the Governor's Regulatory Review Council (Supp. 99-3). New Section made by final rulemaking at 10 A.A.R. 1214, effective September 1, 2004 (Supp. 04-1).

R9-3-102. Time-frames

A. The overall time-frame described in A.R.S. § 41-1072 for each type of approval granted by the Department under this Chapter is set forth in Table 1. The applicant and the Department may agree in writing to extend the substantive review time-frame and the overall time-frame. An extension of the substantive review time-frame and the overall time-frame may not exceed 25% of the overall time-frame.

B. The administrative completeness review time-frame described in A.R.S. § 41-1072 for each type of approval granted by the Department under this Chapter is set forth in Table 1 and begins on the date that the Department receives an application.

1. The Department shall send a notice of administrative completeness or deficiencies to the applicant within the administrative completeness review time-frame.

a. A notice of deficiencies shall list each deficiency and the information or items needed to complete the application.

b. The administrative completeness review time-frame and the overall time-frame are suspended from the date that the notice of deficiencies is sent until the date that the Department receives all of the missing information or items from the applicant.

c. If an applicant fails to submit to the Department all of the information or items listed in the notice of deficiencies within 180 days after the date that the Department sent the notice of deficiencies, the Department shall consider the application withdrawn.

2. If the Department issues a certificate or other approval to the applicant during the administrative completeness review time-frame, the Department shall not issue a separate written notice of administrative completeness.

C. The substantive review time-frame described in A.R.S. § 41-1072 is set forth in Table 1 and begins on the date of the notice of administrative completeness.

1. As part of the substantive review for an application for an initial certificate or a certificate renewal, the Department shall conduct an inspection that may require more than one visit to the child care group home or residence.

2. As part of the substantive review for a request for approval of a change affecting a certificate that requires a change in the use of physical space at a child care group home, the Department shall conduct an inspection that may require more than one visit to the child care group home.

3. The Department shall send a certificate or a written notice of approval or denial of a certificate or other request for approval to an applicant within the substantive review time-frame.

4. During the substantive review time-frame, the Department may make one comprehensive written request for additional information, unless the Department and the applicant have agreed in writing to allow the Department to submit supplemental requests for information.

a. If the Department determines that an applicant, a child care group home, or a residence is not in substantial compliance with A.R.S. Title 36, Chapter 7.1, Article 4 and this Chapter, the Department shall send a comprehensive written request for additional information that includes a written statement of deficiencies stating each statute and rule upon which noncompliance is based.

b. An applicant shall submit to the Department all of the information requested in a comprehensive written request for additional information or a supplemental request for information, including, if applicable, written documentation of the corrections required in a statement of deficiencies, within 30 days after the date of the comprehensive written request for additional information or the supplemental request for information.

c. The substantive review time-frame and the overall time-frame are suspended from the date that the Department sends a comprehensive written request for additional information or a supplemental request for information until the date that the Department receives all of the information requested, including, if applicable, documentation of corrections required in a statement of deficiencies.

d. If an applicant fails to submit to the Department all of the information requested in a comprehensive written request for additional information or a supplemental request for information, including, if applicable, documentation of corrections required in a statement of deficiencies, within the time prescribed in subsection (C)(4)(b), the Department shall deny the application.

5. The Department shall issue a certificate or approval if the Department determines that the applicant and the child care group home or residence are in substantial compliance with A.R.S. Title 36, Chapter 7.1, Article 4 and this Chapter, and the applicant submits documentation of corrections, which is acceptable to the Department, for any deficiencies.

6. If the Department denies a certificate or approval, the Department shall send to the applicant a written notice of denial setting forth the reasons for denial and all other information required by A.R.S. § 41-1076.

Historical Note

New Section made by final rulemaking at 10 A.A.R. 1214, effective September 1, 2004 (Supp. 04-1).

Table 1. Time-frames (in days)

Historical Note

New Section made by final rulemaking at 10 A.A.R. 1214, effective September 1, 2004 (Supp. 04-1).

R9-3-103. Individuals to Act for Applicant or Certificate Holder

When an applicant or certificate holder is required by this Chapter to provide information on or sign an application form or other document, hold a fingerprint clearance card, or complete Department-provided orientation, the following shall satisfy the requirement on behalf of the applicant or certificate holder:

1. If the applicant or certificate holder is an individual, the individual;

2. If the applicant or certificate holder is a corporation, an officer of the corporation;

3. If the applicant or certificate holder is a partnership, one of the partners;

4. If the applicant or certificate holder is a limited liability company, a manager or, if the limited liability company does not have a manager, a member of the limited liability company;

5. If the applicant or certificate holder is an association or cooperative, a member of the governing board of the association or cooperative;

6. If the applicant or certificate holder is a joint venture, one of the individuals signing the joint venture agreement; and

7. If the applicant or certificate holder is a business organization type other than those described in subsections (2) through (6), an individual who is a member of the business organization.

Historical Note

New Section made by final rulemaking at 10 A.A.R. 1214, effective September 1, 2004 (Supp. 04-1).

ARTICLE 2. CERTIFICATION

Article 2, consisting of R9-3-201 through R9-3-206, made by final rulemaking at 10 A.A.R. 1214, effective September 1, 2004 (Supp. 04-1).

R9-3-201. Application for a Certificate

A. To be eligible to obtain a certificate to operate a child care group home, an applicant for a certificate shall:

1. Be at least 21 years of age;

2. Possess a high school diploma, high school equivalency diploma, associate degree, or bachelor degree;

3. Complete Department-provided orientation that includes the Department's role in certifying and regulating child care group homes under A.R.S. Title 36, Chapter 7.1, Article 4 and this Chapter; and

4. Hold a valid fingerprint clearance card.

B. To obtain a certificate to operate a child care group home, an applicant shall submit to the Department an application completed using a Department-provided form and including:

1. The applicant's name and social security number;

2. The name to be used for the child care group home, if any;

3. The address of the residence;

4. The mailing address of the applicant, if different than the address of the residence;

5. The phone number of the residence;

6. The phone number of the applicant, if different than the phone number of the residence;

7. The name and address of each controlling person;

8. If the applicant is a business organization, the following:

a. The applicant's type of business organization;

b. The following information about an individual who is to serve as the primary contact for information regarding the application:

i. Name;

ii. Address;

iii. Phone number; and

iv. Fax number, if any;

c. The following information about the applicant's statutory agent or the individual designated by the applicant to accept service of process and subpoenas for the applicant:

i. Name;

ii. Address;

iii. Phone number; and

iv. Fax number, if any;

d. The name, title, and address of each officer and board member or trustee;

e. A copy of the business organization's articles of incorporation, articles or organization, or partnership or joint venture documents, if applicable;

f. If the applicant is a corporation, a certificate of good standing issued to the applicant by the Arizona Corporation Commission and dated no earlier than six months before the date of application; and

g. If the applicant is a limited liability company, a certificate of good standing or a registration of good standing issued to the applicant by the Arizona Corporation Commission and dated no earlier than six months before the date of application;

9. A list of the rooms to be used for child care services;

10. A list of the service classifications to be offered at the child care group home;

11. Whether the residential building to be used at the child care group home is a mobile home, manufactured home, or factory-built building;

12. If the residential building to be used at the child care group home is a mobile home, manufactured home, or factory-built building, the following:

a. The year of manufacture for the mobile home, manufactured home, or factory-built building; and

b. Copies of the following documents:

i. The installation permit required by A.A.C. R4-34-801;

ii. If the residential building is a factory-built building, the certificate of occupancy required by A.A.C. R4-34-801; and

iii. If the mobile home is a rehabilitated mobile home, the rehabilitation permit required by A.A.C. R4-34-606 and the certificate of compliance issued under R4-34-606;

13. A floor plan of the residential building to be used at the child care group home, showing:

a. The location and dimensions of each room in the residential building, with designation of the rooms to be used and not to be used for child care services;

b. The location of each exit from the residential building;

c. The location of each sink and toilet to be used by enrolled children;

d. The location of each smoke or heat detector in the residential building;

e. The location of each fire extinguisher in the residential building; and

f. The location of each telephone in the residential building;

14. A site plan of the residence showing:

a. The location and dimensions of the outdoor activity area,

b. The height of the fence around the outdoor activity area,

c. The location of each exit from the outdoor activity area,

d. The location of the residential building,

e. The location of each swimming pool,

f. The location of the fence around each swimming pool,

g. The height of the fence around each swimming pool, and

h. The location and dimensions of any other building or structure at the residence;

15. A copy of a certificate of completion issued by the Department showing that the applicant has completed the orientation required by subsection (A)(3);

16. A copy of the applicant's high school diploma, high school equivalency diploma, associate degree, or bachelor degree;

17. The following information about the applicant; each individual who is to be a staff member at the child care group home, including the individual who is to serve as the provider; and each individual who resides in the residential building to be used at the child care group home:

a. Full name;

b. Birth date;

c. If a staff member, job title;

d. If a resident, relationship to the applicant or provider;

e. If a staff member, hire date; and

f. If an adult staff member or an adult resident, the following:

i. If a fingerprint clearance card has not yet been obtained, date that an application for a fingerprint clearance card was submitted to the Department of Public Safety;

ii. If a fingerprint clearance card has not yet been obtained, the Department of Public Safety application number;

iii. If a fingerprint clearance card has been obtained, expiration date of the fingerprint clearance card; and

iv. Date that a criminal history affidavit was completed;

18. A copy of the applicant's current and valid fingerprint clearance card;

19. A criminal history affidavit completed by the applicant;

20. A copy of a certificate of completion issued by the Department showing that the individual who is to serve as provider has completed the orientation required by subsection (A)(3);

21. A certified check, business check, or money order made payable to the Arizona Department of Health Services for the fee required by A.R.S. § 36-897.01; and

22. The notarized signature of the applicant affirming:

a. That the individual signing on behalf of the applicant is an individual designated under R9-3-103 and has the authority to sign on behalf of the applicant;

b. That no controlling person has been denied a certificate to operate a child care group home or a license to operate a child care facility for the care of children in this state or another state, unless the denial was based on the controlling person's failure to complete the certification or licensing process according to a required time-frame;

c. That no controlling person has had a certificate to operate a child care group home or a license to operate a child care facility revoked or suspended in this state or another state for reasons that relate to endangerment of the health and safety of children;

d. Whether the applicant agrees to allow the Department to submit to the applicant supplemental requests for additional information if the Department determines during the substantive review time-frame that the applicant has not provided sufficient information to determine substantial compliance with A.R.S. Title 36, Chapter 7.1, Article 4 and this Chapter;

e. That the applicant has read and will comply with A.R.S. Title 36, Chapter 7.1, Article 4 and this Chapter;

f. That the applicant has sufficient financial resources to comply with A.R.S. Title 36, Chapter 7.1, Article 4 and this Chapter; and

g. That the information provided in the application, including the information in the documents attached to the application form, is accurate and complete.

Historical Note

New Section made by final rulemaking at 10 A.A.R. 1214, effective September 1, 2004 (Supp. 04-1).

R9-3-202. Fingerprinting Requirements

A. A certificate holder shall hold a valid fingerprint clearance card issued under A.R.S. § 41-1758.03.

B. A certificate holder shall ensure that each adult staff member and each adult resident at a child care group home:

1. Holds a valid fingerprint clearance card issued under A.R.S. § 41-1758.03; or

2. Submits to the certificate holder a copy of a fingerprint clearance card application showing that the application was submitted to the fingerprint division of the Department of Public Safety under A.R.S. § 41-1758.02 within seven working days after becoming an adult staff member or adult resident.

C. If an adult staff member or adult resident holds a fingerprint clearance card that was issued before the staff member or resident became a staff member or resident at the child care group home, the certificate holder shall contact the Department of Public Safety within seven working days after the individual becomes a staff member or resident to determine whether the fingerprint clearance card is valid. The certificate holder shall make a written record of this determination, including the name of the staff member or resident, the date of the contact with the Department of Public Safety, and whether the fingerprint clearance card is valid.

D. Except as provided in subsection (G), a certificate holder shall not allow an individual to be an adult staff member or adult resident if the individual has been denied a fingerprint clearance card under A.R.S. Title 41, Chapter 12, Article 3.1, and has not received an interim approval under A.R.S. § 41-619.55.

E. Except as provided in subsection (G), a certificate holder shall not allow an individual to be an adult staff member or adult resident if the individual receives an interim approval under A.R.S. § 41-619.55 but is then denied a good cause exception under A.R.S. § 41-619.55 and a fingerprint clearance card under A.R.S. Title 41, Chapter 12, Article 3.1.

F. A certificate holder shall ensure that each adult staff member and each adult resident submits to the certificate holder a completed criminal history affidavit, as required in A.R.S. § 36-897.03(B).

G. An individual may be an adult resident even if the individual has been denied a fingerprint clearance card under A.R.S. Title 41, Chapter 12, Article 3.1; an interim approval under A.R.S. § 41-619.55; or a good cause exception under A.R.S. § 41-619.55, but the certificate holder shall ensure that the individual is never on the premises during hours of operation.

Historical Note

New Section made by final rulemaking at 10 A.A.R. 1214, effective September 1, 2004 (Supp. 04-1).

R9-3-203. Certificate Renewal

A. At least 45 days before the expiration of a current certificate, an applicant for renewal of a certificate shall submit to the Department an application completed using a Department-provided form and including:

1. The applicant's name;

2. The child care group home's certificate number;

3. The child care group home's name, if applicable;

4. The child care group home's street address, mailing address, and telephone number;

5. The applicant's type of business organization, if applicable;

6. If there have been any changes in the controlling person information submitted under R9-3-201(B)(7), a list of the changes;

7. If there have been any changes to the organizational information submitted under R9-3-201(B)(8), a list of the changes and a copy of each new organizational document and each organizational document changed since the document was provided under R9-3-201(B)(8);

8. A certified check, business check, or money order made payable to the Arizona Department of Health Services for the fee required by A.R.S. § 36-897.01; and

9. The notarized signature of the applicant affirming:

a. That the individual signing on behalf of the applicant is an individual designated under R9-3-103 and has the authority to sign on behalf of the applicant;

b. That no controlling person has been denied a certificate to operate a child care group home or a license to operate a child care facility for the care of children in this state or another state, unless the denial was based on the controlling person's failure to complete the certification or licensing process according to a required time-frame;

c. That no controlling person has had a certificate to operate a child care group home or a license to operate a child care facility revoked or suspended in this state or another state for reasons that relate to endangerment of the health and safety of children;

d. Whether the applicant agrees to allow the Department to submit to the applicant supplemental requests for additional information if the Department determines during the substantive review time-frame that the applicant has not provided sufficient information to determine substantial compliance with A.R.S. Title 36, Chapter 7.1, Article 4 and this Chapter;

e. That the applicant has read and will comply with A.R.S. Title 36, Chapter 7.1, Article 4 and this Chapter;

f. That the applicant has sufficient financial resources to comply with A.R.S. Title 36, Chapter 7.1, Article 4 and this Chapter; and

g. That the information provided in the application, including the information in any documents attached to the application form, is accurate and complete;

B. An applicant that submits the items required by subsection (A) later than 45 days before the expiration of the current certificate shall submit to the Department the late filing fee required by A.R.S. § 36-897.01 in the form of a certified check, business check, or money order made payable to the Arizona Department of Health Services.

C. If an applicant submits to the Department the items required by subsection (A) and, if applicable, the fee required by subsection (B) before the expiration date of the current certificate, the current certificate does not expire until the date specified in A.R.S. § 41-1092.11(A).

Historical Note

New Section made by final rulemaking at 10 A.A.R. 1214, effective September 1, 2004 (Supp. 04-1).

R9-3-204. Changes Affecting a Certificate

A. At least 30 days before the date of a change in a child care group home's name, a certificate holder shall send the Department written notice of the name change. Within 30 days after the date of receipt of the notice, the Department shall issue an amended certificate that incorporates the name change but retains the expiration date of the current certificate.

B. At least 30 days before the date of an intended change in a child care group home's space utilization or certified capacity, a certificate holder shall submit a written request for approval of the change to the Department. The written request shall include:

1. The certificate holder's name;

2. The child care group home's name, if applicable;

3. The child care group home's street address, mailing address, and telephone number;

4. The name, telephone number, and fax number of a point of contact for the request;

5. The child care group home's certificate number;

6. The type of change intended:

a. Space utilization, or

b. Certified capacity;

7. A narrative description of the intended change;

8. If the intended change involves a modification of the residential building that requires a building permit, a copy of the building permit;

9. A floor plan of the residential building that complies with R9-3-201(B)(13) and shows the intended changes; and

10. The following additional information, as applicable:

a. If requesting a change in certified capacity, the square footage of the outdoor activity area and the square footage of the child care group home's indoor activity areas; and

b. If requesting a change in space utilization that affects individual rooms, the name and square footage of each affected room.

C. The Department shall review a request submitted under subsection (B) according to R9-3-102. If the child care group home will be in substantial compliance with A.R.S. Title 36, Chapter 7.1, Article 4 and this Chapter with the intended change, the Department shall send the certificate holder an approval of the request and, if necessary, an amended certificate that incorporates the change but retains the expiration date of the current certificate.

D. A certificate holder shall not implement any change described in subsection (B) until the Department approves the request and, if necessary, issues an amended certificate.

E. At least 30 days before the date of a change in service classification, a certificate holder shall send the Department written notice of the change.

F. At least 30 days before the date of a change in the ownership of a child care group home, a certificate holder shall send the Department written notice of the change. A new owner shall obtain a new certificate as prescribed in R9-3-201 before beginning operation of a child care group home.

G. A certificate holder changing a child care group home's location shall apply for a new certificate as prescribed in R9-3-201. A certificate holder shall obtain a new certificate from the Department before beginning operation of a child care group home at a new location.

H. Within 30 days after the date of a change in the organizational information provided under R9-3-201(B)(8), other than a change in ownership, a certificate holder that is a business organization shall send the Department written notice of the change.

Historical Note

New Section made by final rulemaking at 10 A.A.R. 1214, effective September 1, 2004 (Supp. 04-1).

R9-3-205. Inspections; Investigations

A. The Department shall inspect a residence before issuing an initial certificate and a child care group home before issuing a renewal certificate and as often as necessary to determine compliance with A.R.S. Title 36, Chapter 7.1, Article 4 and this Chapter. An applicant, certificate holder, or provider shall allow the Department immediate access to all areas of the residence or child care group home that may affect the health, safety, or welfare of an enrolled child or to which an enrolled child may have access during hours of operation.

B. During an inspection or investigation, an applicant or certificate holder shall demonstrate to the Department that the applicant or certificate holder and the residence or child care group home are in substantial compliance with A.R.S. Title 36, Chapter 7.1, Article 4 and this Chapter.

C. During an initial, annual, or renewal inspection, or upon request during an investigation, an applicant or certificate holder shall make the following available for Department review:

1. If the residence or child care group home has a gas-powered appliance or heating and cooling device, including a permanently installed gas-powered grill or a gas-powered swimming pool heater, a copy of a violation-free gas inspection conducted within 12 months before the date of inspection by a licensed plumber or an individual licensed by the state to inspect and repair gas lines and gas-powered heating and cooling devices;

2. A certificate of general liability insurance or of combined general liability insurance and excess liability insurance, issued to the applicant or certificate holder, covering the child care group home, and including the following information about the insurance:

a. The effective and expiration dates,

b. The maximum liability limit,

c. The number of enrolled children covered, and

d. Whether the policy includes a waiver of coverage for physical or sexual abuse of an enrolled child; and

3. If a staff member will or does transport enrolled children in a motor vehicle, the following information:

a. The year, make, and model of each motor vehicle used or to be used to transport enrolled children; and

b. For each motor vehicle used or to be used to transport enrolled children, an insurance policy that complies with A.R.S. Title 28, Chapter 9.

D. During an initial inspection, an applicant shall make the following available at the residence for Department review:

1. If the residential building is a mobile home, manufactured home, or non-commercial factory-built building, the Insignia of Approval issued under A.A.C. R4-34-802; and

2. If the residential building is a rehabilitated mobile home, the Insignia of Approval issued under A.A.C. R4-34-606.

E. If the Department receives a complaint alleging a violation of A.R.S. Title 36, Chapter 7.1, Article 4 or this Chapter, the Department shall conduct an investigation. A certificate holder or provider shall permit the Department to interview each staff member or enrolled child outside of the presence of others as part of an investigation.

Historical Note

New Section made by final rulemaking at 10 A.A.R. 1214, effective September 1, 2004 (Supp. 04-1).

R9-3-206. Denial, Revocation, or Suspension of a Certificate

A. The Department may deny, revoke, or suspend a certificate to operate a child care group home if:

1. An applicant or certificate holder:

a. Has provided false or misleading information to the Department;

b. Fails to submit to the Department all of the information requested in a comprehensive written request for additional information or a supplemental request for information within the time prescribed in R9-3-102(C)(4)(b);

c. Fails to allow the Department to enter the child care group home during hours of operation or to inspect required records;

d. Fails to substantially comply with any provision in A.R.S. Title 36, Chapter 7.1, Article 4 or this Chapter; or

e. Substantially complies with A.R.S. Title 36, Chapter 7.1, Article 4 and this Chapter, but refuses to submit or implement a plan acceptable to the Department to eliminate any deficiencies; or

2. An applicant, certificate holder, or other controlling person:

a. Has been arrested or charged with an offense listed in A.R.S. § 41-1758.03(B) or (C);

b. Is the parent or guardian of a child adjudicated to be a dependent child as defined in A.R.S. § 8-201;

c. Has been denied a certificate or license to operate a child care group home or a certificate or license to operate a child care facility in this state or another state, unless the denial was based on the individual's failure to complete the certification or licensing process according to a required time-frame;

d. Has had a certificate or license to operate a child care group home or a child care facility revoked or suspended in this state or another state for reasons that relate to endangerment of the health and safety of children;

e. Has been denied a fingerprint clearance card or has had a fingerprint clearance card suspended or revoked under A.R.S. Title 41, Chapter 12, Article 3.1;

f. Has had a formal enforcement action issued against the individual by the Department under A.R.S. Title 36, Chapter 7.1, Article 1 or Article 4; or

g. Has had a restraining order and injunction issued against the individual by the county attorney or the attorney general under A.R.S. Title 36, Chapter 7.1, Article 1 or Article 4.

B. In determining whether to deny, suspend, or revoke a certificate, the Department shall consider the threat to the health and safety of enrolled children at a child care group home based on factors such as those listed in A.R.S. § 36-897.06(B)(1) through (10).

Historical Note

New Section made by final rulemaking at 10 A.A.R. 1214, effective September 1, 2004 (Supp. 04-1).

ARTICLE 3. ADMINISTRATION

Article 3, consisting of R9-3-301 through R9-3-315, made by final rulemaking at 10 A.A.R. 1214, effective September 1, 2004 (Supp. 04-1).

R9-3-301. Certificate Holder Responsibilities

A. The certificate holder for a child care group home shall designate in writing a provider who meets the qualifications of R9-3-302(A) to act on behalf of the certificate holder and to be responsible for the daily on-site operation of the child care group home.

B. The certificate holder for a child care group home shall ensure that:

1. The provider meets the qualifications of R9-3-302(A) and complies with all applicable requirements of A.R.S. Title 36, Chapter 7.1, Article 4 and this Chapter;

2. An assistant provider meets the qualifications of R9-3-302(B) and complies with all applicable requirements of A.R.S. Title 36, Chapter 7.1, Article 4 and this Chapter;

3. Each staff member, including the provider or assistant provider, meets the qualifications of R9-3-303 and complies with all applicable requirements of A.R.S. Title 36, Chapter 7.1, Article 4 and this Chapter;

4. Each non-staff-member resident meets the qualifications of R9-3-304 and complies with all applicable requirements of A.R.S. Title 36, Chapter 7.1, Article 4 and this Chapter; and

5. The child care group home complies with all requirements of A.R.S. Title 36, Chapter 7.1, Article 4 and this Chapter.

Historical Note

New Section made by final rulemaking at 10 A.A.R. 1214, effective September 1, 2004 (Supp. 04-1).

R9-3-302. Provider Qualifications and Responsibilities

A. To be a provider, an individual shall:

1. Be at least 21 years of age;

2. Satisfy one of the following:

a. Have a high school diploma, high school equivalency diploma, associate degree, or bachelor degree and have completed at least:

i. Three credit hours in early education, child development, or a closely related field from an accredited college or university; or

ii. 60 clock hours of training in early education, child development, or a closely related field; or

b. Be registered as a Level II-B with S*CCEEDS;

3. Use the residential building at the child care group home as the individual's principal place of habitation;

4. Complete Department-provided orientation that includes the Department's role in certifying and regulating child care group homes under A.R.S. Title 36, Chapter 7.1, Article 4 and this Chapter; and

5. Meet the qualifications for a staff member in R9-3-303.

B. To be an assistant provider, an individual shall:

1. Be at least 18 years of age;

2. Satisfy one of the following:

a. Have a high school diploma, high school equivalency diploma, associate degree, or bachelor degree; or

b. Be registered as a Level II-A with S*CCEEDS;

3. Have completed at least:

a. Two credit hours in early education, child development, or a closely related field from an accredited college or university; or

b. 30 clock hours of training in early education, child development, or a closely related field; and

4. Meet the qualifications for a staff member in R9-3-303.

C. The provider for a child care group home shall ensure that:

1. Each staff member, including the provider or assistant provider, meets the qualifications of R9-3-303 and complies with all applicable requirements of A.R.S. Title 36, Chapter 7.1, Article 4 and this Chapter;

2. Each non-staff-member resident meets the qualifications of R9-3-304 and complies with all applicable requirements of A.R.S. Title 36, Chapter 7.1, Article 4 and this Chapter;

3. The provider designates in writing a staff member who meets the qualifications of subsection (B) to act as the assistant provider, who assumes the responsibilities of the provider when the provider is absent;

4. The assistant provider is present and actively involved at the child care group home at all times during hours of operation when the provider is absent;

5. The provider does not engage in outside employment during hours of operation and does not operate another business at or out of the residence during hours of operation;

6. No other business is operated at or out of the residence during hours of operation unless the operation of the business does not involve persons coming into the residence because of the business;

7. Child care is provided only in certified areas;

8. Each parent of an enrolled child is informed that the parent has immediate access to all certified areas during hours of operation;

9. Each parent of an enrolled child is allowed immediate access to all certified areas during hours of operation;

10. The following are allowed immediate access to the child care group home during hours of operation:

a. The Department,

b. The local health agency,

c. Child Protective Services,

d. The local fire department or Office of the State Fire Marshal, and

e. An inspector from the local jurisdiction verifying compliance with local codes and ordinances;

11. The following information is posted in a location that can be viewed by individuals entering or leaving the child care group home:

a. The child care group home certificate;

b. The name of the provider;

c. The name of the assistant provider;

d. A sign stating:

i. That inspection reports for the child care group home are available for review at the child care group home,

ii. The address of the Office of Child Care Licensing, and

iii. The telephone number of the Office of Child Care Licensing;

e. The hours of operation for the child care group home; and

f. A weekly menu;

12. Each non-staff-member individual who is in a certified area of the child care group home where an enrolled child is present, including an outdoor activity area, is supervised by a staff member at all times;

13. Except as provided in R9-3-413(C), each enrolled child is supervised by a staff member at all times;

14. Each non-adult staff member or staff member who does not possess a high school diploma, high school equivalency diploma, associate degree, or bachelor degree is supervised at all times by the provider or, in the provider's absence, by the assistant provider;

15. Each staff member is able to communicate with each enrolled child who communicates verbally;

16. Each staff member is knowledgeable about and able to provide verbal or written information upon request about each enrolled child's progress in the acquisition of skills, emotional development, and new or unusual behavior during daily activities;

17. At least one staff member with current certification in CPR specific to infants and children and pediatric first aid is at the child care group home at all times during hours of operation;

18. Each staff member records the times of the staff member's arrivals and departures on each day that the staff member works;

19. The provider complies with all applicable requirements in 9 A.A.C. 6, Article 7;

20. The provider notifies the Department at least 72 hours in advance whenever the child care group home will be closed for one or more days;

21. Child Protective Services or a local law enforcement agency and the Department are notified immediately of any suspected child abuse or neglect, as required by R9-3-312;

22. The Department is notified orally within 24 hours and in writing within 72 hours after one of the following occurs:

a. An injury to an enrolled child at the child care group home that results in the child's needing medical attention;

b. The death of an enrolled child or other individual at the child care group home;

c. Damage to a building at the child care group home, to a vehicle used in transporting enrolled children, or to equipment used in providing child care that affects the provider's ability to provide child care services in compliance with this Chapter;

d. Loss of a utility at the child care group home, such as electricity or water, that affects the provider's ability to provide child care services in compliance with this Chapter;

e. Loss of an enrolled child for any period of time, for any reason;

f. Fire at the child care group home;

g. An incident requiring police response, fire response, or other emergency response at the child care group home during hours of operation; or

h. The provider is notified that a staff member or adult resident:

i. Has been denied a fingerprint clearance card, an interim approval under A.R.S. § 41-619.55, or a good cause exception under A.R.S. § 41-619.55;

ii. Has had the staff member's or adult resident's fingerprint clearance card revoked or suspended; or

iii. Has been arrested for or charged with an offense listed in A.R.S. § 41-1758.03(B) or (C);

23. A parent of each enrolled child is notified orally, or an attempt is made to notify a parent of each enrolled child orally, immediately and a parent of each enrolled child is notified in writing within 24 hours after an incident requiring police response, fire response, or other emergency response at the child care group home during hours of operation; and

24. The provider submits to the Department a document containing the information described in R9-3-201(B)(17) once every 12 months after initial certification.

D. An individual who is serving as a provider when this rule becomes effective is required to have a high school diploma, high school equivalency diploma, associate degree, or bachelor degree, but is not required to comply with subsection (A)(2)(a)(i) or (ii) or subsection (A)(2)(b) until September 1, 2009.

E. An assistant provider is required to have a high school diploma, high school equivalency diploma, associate degree, or bachelor degree or to be registered as a Level II-A with S*CCEEDS, but is not required to comply with subsection (B)(3)(a) or (b) until September 1, 2007.

Historical Note

New Section made by final rulemaking at 10 A.A.R. 1214, effective September 1, 2004 (Supp. 04-1).

R9-3-303. Staff Member Qualifications

To be a staff member, an individual shall:

1. If the staff member will work with enrolled children only while supervised by the provider or assistant provider, be at least 16 years of age or registered as a Level I with S*CCEEDS;

2. If the staff member will work with enrolled children without being supervised by the provider or assistant provider:

a. Be at least 18 years of age and have a high school diploma, high school equivalency diploma, associate degree, or bachelor degree; or

b. Be registered as a Level II-A with S*CCEEDS;

3. Not be the parent or guardian of a child adjudicated to be a dependent child as defined in A.R.S. § 8-201;

4. If an adult, comply with the fingerprinting requirements in R9-3-202;

5. If an adult, submit to the certificate holder a criminal history affidavit completed by the staff member;

6. Demonstrate freedom from infectious pulmonary tuberculosis by submitting one of the following to the certificate holder:

a. A report prepared by a physician, physician assistant, registered nurse practitioner, or registered nurse indicating that a Mantoux skin test administered to the staff member no earlier than 12 months before and no later than 12 hours after becoming a staff member was interpreted by the physician, physician assistant, registered nurse practitioner, or registered nurse to be negative at least 48 and no later than 72 hours after test administration;

b. A report prepared by a physician, physician assistant, registered nurse practitioner, or registered nurse indicating that another test for tuberculosis, recommended by the Centers for Disease Control and Prevention or the tuberculosis control officer, administered to the staff member no earlier than 12 months before and no later than 12 hours after becoming a staff member was interpreted by the physician, physician assistant, registered nurse practitioner, or registered nurse to be negative; or

c. If the staff member cannot comply with subsection (6)(a) or (b), a statement dated no earlier than 12 months before becoming a staff member and written by a physician, physician assistant, registered nurse practitioner, or registered nurse indicating that the staff member is currently free from infectious pulmonary tuberculosis;

7. Unless opposed to immunization for religious reasons as described in subsection (8), demonstrate immunity to measles, rubella, diphtheria, and tetanus or establish a medical exemption from immunization:

a. By submitting to the certificate holder a copy of the staff member's proof of immunity or a written statement signed by the staff member attesting to immunity; and

b. For any of the diseases listed in subsection (7) for which a staff member has not received immunization and cannot attest to immunity, by submitting to the certificate holder a written statement signed by a physician, physician assistant, registered nurse practitioner, or registered nurse stating that the immunization would endanger the staff member's health or medical condition;

8. If opposed to immunization for religious reasons, submit to the certificate holder a written statement signed by the staff member attesting to the staff member's membership in a religion whose teachings are in opposition to immunization;

9. Complete training in the following subject areas within 10 days after becoming a staff member:

a. The statutes and rules that govern child care group homes, including staff member responsibilities;

b. The names, ages, and needs of enrolled children;

c. Guiding and disciplining enrolled children;

d. Hand washing;

e. Diapering, if any enrolled children are in diapers;

f. Toileting of enrolled children;

g. Recognizing signs of illness and infestation;

h. Sudden infant death syndrome awareness, if infant or 1-year-old child care is provided at the child care group home;

i. Detecting and preventing child abuse or neglect and reporting suspected child abuse or neglect; and

j. Responding to accidents and emergencies; and

10. Complete one of the following every 12 months after becoming a staff member:

a. At least 12 clock hours of Arizona T3 training;

b. At least one credit hour in early education, child development, or a closely related field from an accredited college or university; or

c. At least 12 clock hours of training in two or more of the following subject areas:

i. Responding to accidents and emergencies;

ii. Recognizing signs of illness and infestation;

iii. Child and family growth and development;

iv. Detecting and preventing child abuse or neglect and reporting suspected child abuse or neglect;

v. Care and teaching of young children;

vi. Guiding and disciplining children;

vii. Nutrition and developmentally appropriate eating habits;

viii. Availability of community services and resources, including those available to special needs children;

ix. Involving and communicating with parents;

x. Developmentally appropriate child care activities;

xi. Sun safety;

xii. Outdoor activity area safety;

xiii. Sudden infant death syndrome awareness; and

xiv. Business administration and management.

Historical Note

New Section made by final rulemaking at 10 A.A.R. 1214, effective September 1, 2004 (Supp. 04-1).

R9-3-304. Resident Qualifications

A non-staff-member resident shall:

1. If an adult, comply with the fingerprinting requirements in R9-3-202;

2. If an adult, submit to the certificate holder a criminal history affidavit completed by the adult resident;

3. If 12 years of age or older, demonstrate freedom from infectious pulmonary tuberculosis by submitting one of the following to the certificate holder:

a. A report prepared by a physician, physician assistant, registered nurse practitioner, or registered nurse indicating that a Mantoux skin test administered to the resident no earlier than 12 months before and no later than 12 hours after becoming a resident 12 years of age or older was interpreted by the physician, physician assistant, registered nurse practitioner, or registered nurse to be negative at least 48 and no later than 72 hours after test administration;

b. A report prepared